England and Wales Case Law

Keep Chiswell Green v Secretary of State for Housing, Communities and Local Government & Ors

Keep Chiswell Green v Secretary of State for Housing, Communities and Local Government & Ors [2025] EWCA Civ 958 (23 July 2025)

The Court of Appeal dismissed a challenge to planning permission for two green belt housing schemes, holding the later Arup Green Belt Review was not a mandatory material consideration.

• Material considerations in planning
• Procedural bars in statutory review
• Green belt policy
• Emerging local plans
• Duty to consider new evidence
• Planning-law

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Keep Chiswell Green v Secretary of State for Levelling Up, Housing and Communities & Ors

The High Court dismissed a statutory review challenge to green belt planning permissions in Chiswell Green, holding the Arup Green Belt Review was not a mandatory material consideration.

• Material considerations in planning
• Green belt policy
• Statutory review procedure
• Duty of inquiry
• Emerging local plans
• Planning-law

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Redrow Homes Limited v Secretary of State for Levelling Up, Housing and Communities & Anor

The application was refused because none of the grounds were arguable: the Secretary of State's alleged error regarding policies CS18 and CS19 was a clerical error that did not affect the outcome; all material considerations, including affordable housing, the out-of-date status of policies, the council's failure to progress a local plan, and ecological benefits, were properly considered and weighed; and there was no procedural unfairness as post-inquiry representations did not affect the decision and no substantial prejudice was demonstrated.

Source excerpt

• Statutory review under tcpa 1990 s.288
• Interpretation of development plan policies
• Weighting of material considerations
• Disclosure of post-inquiry representations
• Affordable housing requirements
• Ecological benefits in planning

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Persimmon Homes (Thames Valley) Ltd v Worthing Borough Council

Persimmon Homes (Thames Valley) Ltd v Worthing Borough Council [2023] EWCA Civ 762 (30 June 2023)

The Court of Appeal held that the inspector adequately dealt with emerging local plan policies, but gave insufficient reasons for applying National Park policy and the required great weight.

• Emerging local plans
• National parks
• Planning permission
• Statutory interpretation
• Weight of planning policies
• Section 78 appeals

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Worthing Borough Council v Secretary of State for Levelling Up, Housing And Communities & Anor

Worthing Borough Council v Secretary of State for Levelling Up, Housing And Communities & Anor [2022] EWHC 2044 (Admin) (01 August 2022)

The High Court quashed a planning inspector’s decision after finding errors in treatment of emerging local plan policies and the South Downs National Park impact.

• Statutory review of planning decisions
• Interpretation of planning policy
• Emerging local plans
• Adequacy of reasons
• Material considerations in planning
• Prematurity in planning applications

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Langton Homes Limited v Secretary of State for Communities And Local Government & Anor

The High Court refused to quash a planning inspector’s dismissal of a housing appeal in Tur Langton, holding that her reasons on emerging policy, NPPF issues and fallback permissions were adequate.

• Development control
• Limits to development
• Material considerations
• National planning policy framework (nppf)
• Emerging local plans
• Conservation areas

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